SALEEM And Another vs Kazi INAYAT AHMAD
This appeal arises out of a matter where leave to appeal was granted by the Supreme Court of Pakistan on 9-10-1974. During the pendency of the appeal, the sole respondent died on 31-10-1977. The core legal question addressed by the court is the consequence of the appellants' failure to bring the legal representatives of the deceased respondent on record within the prescribed period of 90 days. Holding that the appeal became improperly constituted and could not proceed due to the long and unexplained delay of over eight years in filing the necessary application for substitution, the court dismissed the appeal. The key principle laid down is that an appeal abates or becomes improperly constituted when legal representatives of a deceased party are not brought on record within the statutory limitation period, and time will not be extended without good grounds.
- What is the consequence of failing to bring the legal representatives of a deceased respondent on record within 90 days?
- Will the court extend the time to bring legal representatives on record after a delay of several years without good grounds?
- Does an appeal remain properly constituted when a respondent dies and no substitution is made?
1. NASIM HASAN SHAH, J.--The appellants were granted leave to appeal by an order of this Court passed on 9-10-1974. The appeal has come up for hearing today, after over 11 years. In the meanwhile, the respondent Kazi Inayat Ahmad died at Lahore on 31-10-1977. No steps have, however, been taken by the appellants to bring his legal representatives on record so far.
2. "An application to bring on record the legal representatives of an appellant or a respondent, who has died or suffered a change of status, shall be made within 90 days of such occurrence: The appellants have not, as mentioned already, submitted any application to bring the legal representatives of the respondent on the record, although this should have been done by them within 90 days of 31-10-1977. The result is that this appeal has become improperly constituted and cannot proceed as it is. No good ground is shown for extending the time to allow the legal representatives of the deceased-respondent to be brought on the record after 8 years of his demise.
3. This appeal, accordingly, stands dismissed. Order accordingly. No orders as to costs.